Kohler causes HBVers lawsuit

霍克

Firing a HBVer, Kohler causes human right protection lawsuit

Hawker Yin, a senior quality engineer, who has worked in Kohler Company China Factory for almost 2 years, was fired because of positive result for hepatitis B virus in physical check and asking the therapy. Meanwhile, Kohler refused to give him an occupational disease check before leaving, skimped his last month salary and drove him out of the company with intimidation. A lawsuit of human right protection occurred after the labor dispute. This is a typical epitome of HBVers in China.

The location of Kohler Company China Factory is Foshan City, Guangdong Province. The main products of Kohler company are ceramics, such as kitchen, bath and bowl. Yin was responsible for the process and quality improvement in the workshop from casting to kiln. Per Yin’s photos and Kohler’s working instructions, the optimized condition of ceramic casting is high temperature (35℃), high humidity (75%) in a closed environment. On the other hand, the setting temperature for kiln is almost 1200℃. The space is full of dust since glaze granule is the main material on the ceramic surface. Feeling tired and cold in body, Yin conformed the physical examination record on Feb 14th, 2003 in the clinic. He was surprised that he was a chronic carrier of the liver disease. To his astonishment, Kohler company fired him with no reason in his walking papers and held his salary, then swept him out of the company with intimidation.

From the view of Chinese traditional culture, lawsuit is a kind of shame. People seldom sue the company if they meet the unfair treatment. Yin also wanted to forget the unhappy experience and began to seek for a new job. To his disappoint, all the company granted him an opportunity for his excellent management and technical background during the interview, but refused him because of a hbver. Social assurance and alms system are still in the basic stage in China. He had to stay at home to wait for the chance. His wife had laid off and picked up an odd time job in a store. His baby was in the cradle. He also supported estovers for his parents. What’s more, Yin felt uncomfortable in his lung. Loosing work and health in Kohler company, Yin was living a miserable life. He had no choice but fight for his right. He bought lawbooks and studied the regulations by himself. He ensured that Kohler Company had violated his human rights. Then he sent emails to the headquarter of Kohler Company in Wisconsin, USA. He tried to communicate with the global human resource director to get his rights, but he failed. Then he led Kohler Company to the court.

HBV discrimination is becoming a serious social problem in China. There are 10 more percent of the population, or 1.2 billion people were affected by this liver disease. They are not allowed to go to kindergarten, collage, and forbidden to hold office in government and company according to the current rules and consuetude. People are afraid of talking and sitting near a HBVer, they believe the flu-like virus will catch them. Some HBVers suicide because of huge psychological pressure. These include farmers, workers and graduate students. For the employees, if they are detected HBV in case of body check, their careers will end. The employers are so smart that they may not dismiss the HBVers directly, they always make some traps, or find excuses captiously to throw the HBVers from company. For example, Apr 2002, Fushan Electronics, a Taiwanese factory in Nanhai district, Foshan city, Guangdong, whipped 21 HBVers by trick and kepped their salary. Mar 2004, Fuyang Textile Company in Dongguan City, Guangdong Province, found 677 of 2000 worker were HBVers, the owner changed the labor contract manipulatively and drew 107 worker away without payment at the first time. The lowly paid workers are the weakers, they have no money and time to accuse of the company. Fewer fight but fail.

Anti-discrimination against HBVers movement is pushing the legal and social development. Zhou Yichao pieced an official to death and badly injured another one who rejected him only because he was a HBVer. Then, Zhang Xianzhu, accused of the personal bureau of Anhui Province. Chinese government is concerning about this unreasonable affair and will modify some requirements of the body check.. Although China is making process in handling the discrimination, HBVers are still worrying about their life, human reights and future.
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Reference:
Hawker Yin''''s Email: [email protected]

The registerred address of Kohler Company in USA: Kohler Town,Wisconsin, USA
Website:www.kohler.com
Kohler China Website:www.kohler.com.cn

liverbj

Where's the article from?
seems HBVer's called HBV carriers in English.

liverbj

Hi buddy, I just noticed your name. are you Hawker Yin himself?

霍克

Sorry for reply too late.
The article is the one I listed in the HBV Right board.
Well, Hawker Yin is my name.

筱烟

you did a good job ,Hawker.too many people in china have strong prejudice against us,nowadays we don't have any way to win in the war,i am always depressed whenever think of that.